American flag case: U.S. Supreme Court ends Morgan Hill flap over shirts

San Jose Mercury ^ | 03/30/2015 | Howard Mintz

[artichokegrower]

Turning away a legal plea literally wrapped in the American flag, the U.S. Supreme Court on Monday refused to intervene in a controversial case involving a South Bay high school's discipline of students who chose to wear flag-adorned shirts during a 2010 Cinco de Mayo celebration.

The high court's action left intact a federal appeals court ruling last year that found Live Oak High School officials had the legal right to order students wearing the American flag shirts to turn them inside out or go home.

[artichokegrower]

Goodbye sweet America

[fwdude]

Who the HELL makes these decisions in this Court?

[mrmeyer]

Communists.

[alpacadick]

I sugest they wear the French Flag instead.

[Steve_Seattle]

This is actually a mixed decision:

1. Good - The court refused to intervene in a local matter, and let the local school board's decision stand.

2. Bad - The court allowed the free speech of some students to be curtailed by a presumed threat of retaliation by another group.

I think this was a tough call. I think most conservatives would agree that public schools have a right to impose dress codes prohibiting lewd or offensive material, but the problem in this case is that the supposedly "offensive" material is the American flag. So I'm torn by this decision.

[Boogieman]

“2. Bad - The court allowed the free speech of some students to be curtailed by a presumed threat of retaliation by another group.”

There is already Supreme Court precedent (Tinker vs. Des Moines Independent School District, 1969) that says public schools can stifle students’ speech, if it is disruptive or causes disorder.

[Steve_Seattle]

"There is already Supreme Court precedent (Tinker vs. Des Moines Independent School District, 1969) that says public schools can stifle students’ speech, if it is disruptive or causes disorder."

The problem or ambiguity is, who is threatening the disorder? Is the onus on the kids wearing the American flag t-shirts, or on the kids who might be offended? Are the flag-wearers provoking disorder, or are the others threatening disorder to prevent free expression on the other side? And if we say that merely wearing the image of the American flag is a dangerous provocation, what are we saying about our country?

[DanZ]

There are some options.

1. Home school being the best option

2. in Texas the Lt. Governor Dan Patric is backing SB 276
This bill will allow parents to take 60% of the child’s allotted money to ANY school, public, private and possibly home school. The remainder would go back to the state treasury.

This is a means to regain local control of the Education dictatorship.

[PubliusMM]

Closer than ever to the time we will need a new America; one that reinforces and reemphasizes the Founders’ Principles of Freedom, Self-Reliance, Small Government, and Constitutional Limits.

[Jim Noble]

“On the kids who might be offended”

No one is offended. Anyone who says they are is lying.

It’s just simple mau-mauing the flak catchers. It’s amazing that it still works.

[artichokegrower]

(Tinker vs. Des Moines Independent School District, 1969) that says public schools can stifle students’ speech, if it is disruptive or causes disorder.
So I can go up to UC Berkeley (a public school) and stifle the ongoing student protests (usually about hating America) because they are disruptive and causing disorder?

[SZonian]

"Are the flag-wearers provoking disorder, or are the others threatening disorder to prevent free expression on the other side?"

IIRC, this is exactly what is happening...the mexicans confronted the other kids over the shirts.

It's funny in a sad way that many other "holidays" are no longer celebrated in the USA, but a completely un-American, made up, irrelevant "holiday" trumps freedom of expression...a sad commentary to be sure.

[Ge0ffrey]

The parents should surround the school or march around the school on May 5th carrying American flags, and wearing American flag tee shirts, and making sure their child is wearing one, even if they all get tossed out. Then we’ll leave it to the court of public opinion.

[eyeamok]

The answer is for EVERY AMerican Student to begin complaining EVERY DAY about Mexicans and Their Che,Castro, DogTaco shirts, as well as speaking in a foreign language.

[SandRat]

OK,....the legal right to order students wearing the American flag shirts to turn them inside out or go home. So the Kid wears a USMC T-Shurt.<[>

[martinidon]

I agree with you. However, I don't see this as a free speech issue. Most schools have a dress code and as long as they are consistent with the policy then I have no problem with enforcing not wearing a Flag shirt on certain days.

However, as a parent I would object to a school having a “Cinco de Mayo Celebration”. It is a minor holiday in Mexico but in the US it has mostly been turned into a drunk fest like St. Patrick's day. I think U.S. schools should stick to teaching and not celebrating Mexican holidays....

Also I am old school and do not think a flag should be worn as an article of clothing.

As someone posted, the best solution is home school.

[aquila48]

But the mexican flag is just fine.

[aquila48]

Seems like the “ free speech “ they should stifle are the threats made by the mexicans.

[aquila48]

Actually there’s been such a protest every year since it first happened. I attended last year’s.

[kingu]

Interestingly, the flip of this suit hasn't happened, prohibiting the district from permitting any further Cinco de Mayo celebrations, since they are obviously disruptive to the school, as evidenced by the school policing t-shirts on the 5th of May to ensure that no one is wearing an American flag...